Subd. 1. Policy for earned incentive release credit; stakeholder consultation.

1. (a) To encourage and support rehabilitation when consistent with the public interest and public safety, the commissioner must establish a policy providing for earned incentive release credit as a part of the term of imprisonment. The policy must be established in consultation with the following organizations:

   1. (1) Minnesota County Attorneys Association;
   2. (2) Minnesota Board of Public Defense;
   3. (3) Minnesota Association of Community Corrections Act Counties;
   4. (4) Minnesota Indian Women's Sexual Assault Coalition;
   5. (5) Violence Free Minnesota;
   6. (6) Minnesota Coalition Against Sexual Assault;
   7. (7) Minnesota Alliance on Crime;
   8. (8) Minnesota Sheriffs' Association;
   9. (9) Minnesota Chiefs of Police Association;
   10. (10) Minnesota Police and Peace Officers Association; and
   11. (11) faith-based organizations that reflect the demographics of the incarcerated population.

2. (b) The policy must:

   1. (1) provide circumstances upon which an incarcerated person may receive earned incentive release credits, including participation in rehabilitative programming under section 244.03; and

   2. (2) address circumstances where:

      1. (i) the capacity to provide rehabilitative programming in the correctional facility is diminished but the programming is available in the community; and
      2. (ii) the conditions under which the incarcerated person could be released to the community-based resource but remain subject to commitment to the commissioner and could be considered for earned incentive release credit.

Subd. 2. Policy on disparities.

The commissioner must develop a policy establishing a process for assessing and addressing any systemic and programmatic gender and racial disparities that may be identified when awarding earned incentive release credits.